-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, HvJMin0OtUTC/2ItH+fCHnhoNU9XazsnCBXqXGPoyJCrkSZbwqf0Zvl6L+nJ8JIg 4zumiS/UTsiMj0BBD+8ieQ== 0001209286-09-000330.txt : 20090603 0001209286-09-000330.hdr.sgml : 20090603 20090603161257 ACCESSION NUMBER: 0001209286-09-000330 CONFORMED SUBMISSION TYPE: 485APOS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090603 DATE AS OF CHANGE: 20090603 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CUNA MUTUAL VARIABLE ANNUITY ACCOUNT CENTRAL INDEX KEY: 0000916873 IRS NUMBER: 420388260 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 485APOS SEC ACT: 1933 Act SEC FILE NUMBER: 333-148426 FILM NUMBER: 09871448 BUSINESS ADDRESS: STREET 1: 2000 HERITAGE WAY CITY: WAVERLY STATE: IA ZIP: 50677 BUSINESS PHONE: 3193524090 MAIL ADDRESS: STREET 1: LEGAL DEPARTMENT 4C-5 STREET 2: 5910 MINERAL POINT RD CITY: MADISON STATE: WI ZIP: 53705 FORMER COMPANY: FORMER CONFORMED NAME: CUNA MUTUAL LIFE VARIABLE ANNUITY ACCOUNT DATE OF NAME CHANGE: 19970219 FORMER COMPANY: FORMER CONFORMED NAME: CENTURY VARIABLE ANNUITY ACCOUNT DATE OF NAME CHANGE: 19940103 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CUNA MUTUAL VARIABLE ANNUITY ACCOUNT CENTRAL INDEX KEY: 0000916873 IRS NUMBER: 420388260 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 485APOS SEC ACT: 1940 Act SEC FILE NUMBER: 811-08260 FILM NUMBER: 09871449 BUSINESS ADDRESS: STREET 1: 2000 HERITAGE WAY CITY: WAVERLY STATE: IA ZIP: 50677 BUSINESS PHONE: 3193524090 MAIL ADDRESS: STREET 1: LEGAL DEPARTMENT 4C-5 STREET 2: 5910 MINERAL POINT RD CITY: MADISON STATE: WI ZIP: 53705 FORMER COMPANY: FORMER CONFORMED NAME: CUNA MUTUAL LIFE VARIABLE ANNUITY ACCOUNT DATE OF NAME CHANGE: 19970219 FORMER COMPANY: FORMER CONFORMED NAME: CENTURY VARIABLE ANNUITY ACCOUNT DATE OF NAME CHANGE: 19940103 0000916873 S000010209 CUNA Mutual Variable Annuity Account C000060839 MEMBERS Variable Annuity III 485APOS 1 e70496.txt As filed with the Securities and Exchange Commission on June 3, 2009. Registration No. 333-148426 File No. 811-08260 ================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM N-4 FOR REGISTRATION UNDER THE SECURITIES ACT OF 1933 [x] Pre-Effective Amendment No. Post-Effective Amendment No. 8 REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [x] Amendment No. 36 [x] CUNA MUTUAL VARIABLE ANNUITY ACCOUNT (Exact Name of Registrant) CUNA MUTUAL INSURANCE SOCIETY (Name of Depositor) 2000 Heritage Way Waverly, Iowa 50677 (Address of Depositor's Principal Executive Offices) Depositor's Telephone Number: (319) 352-4090 Kerry A. Jung, Esquire CUNA Mutual Insurance Society 5910 Mineral Point Road Madison, WI 53705 (Name and Address of Agent for Service of Process) It is proposed that this filing will become effective (check appropriate box) | | immediately upon filing pursuant to paragraph (a) of Rule 485. |X| on July 1, 2009 pursuant to paragraph (a) of Rule 485. | | 60 days after filing pursuant to paragraph (a)(i) of Rule 485. | | on (date) pursuant to paragraph (a)(i) of Rule 485. If appropriate, check the following box: | | this post-effective amendment designates a new effective date for a previously filed post-effective amendment. Title of securities being registered: Units of interest in a Variable Account under individual flexible premium deferred variable annuity contracts. Except as amended by this filing, the prospectus and statement of additional information filed in Post-Effective Amendment No. 7 on April 27, 2009 are incorporated into this Post-Effective Amendment No. 8. CUNA MUTUAL INSURANCE SOCIETY CUNA MUTUAL VARIABLE ANNUITY ACCOUNT SUPPLEMENT Dated [ ], 2009 TO MEMBERS(R) VARIABLE ANNUITY III Prospectus dated May 1, 2009 The Joint Annuitants table under "OPTIONAL BENEFIT RIDERS, Income Protector, Features of the Income Later Option, Amount of your GALWA" is deleted and replaced with the following:
- --------------------------------------------------------------------- Joint Annuitants - Attained Age of Younger Annuitant(1) - --------------------------------------------------------------------- Age 55-58 59-64 65-69 70-79 80+ - --------------------------------------------------------------------- Percentage 3 3.5 4 4.5 5 - ---------------------------------------------------------------------
PART C OTHER INFORMATION ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS (a) Financial Statements. All required financial statements are included in Part B of this registration statement. (b) Exhibits 1.(A) Resolution of the board of directors of CUNA Mutual Insurance Society establishing CUNA Mutual Variable Annuity Account ("Registrant"). Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (B) Certified resolution of the board of directors of CUNA Mutual Insurance Society approving the merger between CUNA Mutual Insurance Society and CUNA Mutual Life Insurance Company. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. 2. Not Applicable. 3.(A) Amended and Restated Distribution Agreement Between CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. for Variable Annuity Contracts effective January 1, 2008. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (B) Amended and Restated Servicing Agreement related to the Distribution Agreement between CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. for Variable Annuity Contracts effective January 1, 2008. Incorporated herein by reference on initial registration statement to Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (C) Form of Selling and Services Agreement. Incorporated herein by reference to Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. 4.(A)(i) Variable Annuity Contract. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Variable Annuity Contract. Incorporated herein by reference to post-effective amendment 5 to Form N-4 registration statement (File no. 333-116426) with the Commission on April 26, 2006. 1 (iii) Variable Annuity Contract. Incorporated herein by reference to post-effective amendment 3 to Form N-4 registration statement (File no. 333-116426) with the Commission on November 15, 2005. (iv) Variable Annuity Contract. Incorporated herein by reference to post-effective amendment 9 to Form N-4 registration statement (File no. 333-116426) with the Commission on September 14, 2007. (v) Variable Annuity Contract. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (B)(i) Fixed Account Endorsement. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Fixed Account Endorsement. Form 2006-VAFIXED. Incorporated herein by reference to post-effective amendment 5 to Form N-4 registration statement (File no. 333-116426) with the Commission on April 26, 2006. (iii) Fixed Account Endorsement. Form No. 2006-VAFIXED. Incorporated herein by reference to initial registration statement to Form N-4 registration statement (File No. 333-148426) filed with the Commission on January 2, 2008. (C)(i) Loan Account Endorsement. Form No. 2004-VALOAN. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Loan Account Endorsement. Form No. 2004-VALOAN. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (D)(i) Additional Income Option Endorsement. Form No. 2004-VAIO. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Additional Income Option Endorsement. Form No. 2004-VAIO. Incorporated herein by reference on initial registration statement to Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (E)(i) 3% Annual Guarantee Death Benefit Rider. Form No. 2004-3AG-RV1. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 2 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) 3% Annual Guarantee Death Benefit Rider. Form No. 2004-3AG-RV1. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (F)(i) Earnings Enhanced Death Benefit Rider. Form No. 2004-EE-RVI. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Earnings Enhanced Death Benefit Rider. Form No. 2004-EE-RVI. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (G)(i) Maximum Anniversary Value Death Benefit Rider. Form No. 2004-MAV-RVI. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Maximum Anniversary Value Death Benefit Rider. Form No. 2004-MAV-RVI. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (H)(i) Change of Annuitant Endorsement. Form 2006-COA. Incorporated herein by reference to pre-effective amendment 1 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 8, 2004. (ii) Change of Annuitant Endorsement. Form 2006-COA. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (I)(i) Income Payment Endorsement. Form No. 2004-IPI . Incorporated herein by reference to post-effective amendment 2 to Form N-4 registration statement (File No. 333-116426) with the Commission on April 28, 2005. (ii) Income Payment Endorsement. Form No. 2004-IPI. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (J)(i) Guaranteed Minimum Withdrawal Benefit Rider. Form No. 2006-GMWB-RV1. Incorporated herein by reference to post-effective amendment 3 to Form N-4 registration statement (File No. 333-116426) with the Commission on November 15, 2005. 3 (ii) Guaranteed Minimum Withdrawal Benefit Rider. Form No. 2006- GMWB-RV1. Incorporated herein by reference to post-effective amendment 6 to Form N-4 registration statement (File No. 333-116426) with the Commission on August 31, 2006. (iii) Guaranteed Minimum Withdrawal Benefit Rider. Form No. 2007- GMWB. Incorporated herein by reference to post-effective amendment 9 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (iv) Guaranteed Minimum Withdrawal Benefit Rider. Form No. 2007- GMWB. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (K)(i) Guaranteed Minimum Accumulation Benefit Rider. Incorporated herein by reference to post-effective amendment 3 to Form N-4 registration statement (File No. 333-116426) with the Commission on November 15, 2005. (ii) Guaranteed Minimum Accumulation Benefit Rider. Incorporated herein by reference to post-effective amendment 6 to Form N-4 registration statement (File No. 333-116426) with the Commission on August 31, 2006. (iii) Guaranteed Minimum Accumulation Benefit Rider. Form No. 2006-GMAB-RVI. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (iv) Guaranteed Minimum Accumulation Benefit Rider with 7-Year Benefit Period. Form No. 2008-GMAB-7. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (v) Guaranteed Minimum Accumulation Benefit Rider with 10-Year Benefit Period. Form No. 2008-GMAB-10. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (L)(i) Spouse Beneficiary Death Benefit Rider. Incorporated herein by reference to post-effective amendment 6 to Form N-4 registration statement (File No. 333-116426) with the Commission on August 31, 2006. (ii) Spouse Beneficiary Death Benefit Rider. Form No. 2006-SPDB- RVI. 4 Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (M)(i) Guaranteed Minimum Withdrawal Benefit Rider with Maximum Anniversary Value Death Benefit. Incorporated herein by reference to post-effective amendment 10 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (ii) Guaranteed Minimum Withdrawal Benefit Rider with Maximum Anniversary Value Death Benefit. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (N)(i) Guaranteed Minimum Withdrawal Benefit Rider with Minimum Guarantee Death Benefit. Incorporated herein by reference to post-effective amendment 10 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (ii) Guaranteed Minimum Withdrawal Benefit Rider with Minimum Guarantee Death Benefit. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (O)(i) Purchase Payment Credit Benefit Endorsement. Incorporated herein by reference to post-effective amendment 10 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (ii) Purchase Payment Credit Benefit Endorsement. Form No. 2007-PPC Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (iii) Purchase Payment Credit Benefit Endorsement. Form No. 2009-PPC. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (P)(i) Spousal Continuation Endorsement. Incorporated herein by reference to post-effective amendment 6 to Form N-4 registration statement (File No. 333-116426) with the Commission on August 31, 2006. (ii) Spousal Continuation Endorsement. Form No. 2006-SPContinue. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. 5 (Q)(i) Change of Annuitant Endorsement. Incorporated herein by reference to post-effective amendment 8 to Form N-4 registration statement (File No. 333-116426) with the Commission on April 27, 2007. (ii) Change of Annuitant Endorsement. Form No. 2006-COA. Incorporated herein by reference to initial registration statement Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (R)(i) Roth IRA Endorsement. Incorporated herein by reference to post-effective amendment 8 to Form N-4 registration statement (File No. 333-116426) with the Commission on April 27, 2007. (ii) Roth IRA Endorsement. Form No. 2006-VA-Roth. Incorporated herein by reference to initial registration statement Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (S)(i) Flexible Premium Deferred Variable Annuity with Purchase Payment Credit Benefit - Data Page. Incorporated herein by reference to post-effective amendment 10 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (ii) Flexible Premium Deferred Variable Annuity with Purchase Payment Credit Benefit - Data Page, Form DP-2007-VA-PPC. Incorporated herein by reference to initial registration statement Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (T)(i) Flexible Premium Deferred Variable Annuity with Purchase Payment Credit Benefit Endorsement. Incorporated herein by reference to post-effective amendment 10 to Form N-4 registration statement (File No. 333-116426) with the Commission on September 14, 2007. (ii) Flexible Premium Deferred Variable Annuity with Purchase Payment Credit Benefit Endorsement. Incorporated herein by reference to initial registration statement Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (U)(i) Income Later - Guaranteed Lifetime Withdrawal Benefit Rider with Minimum Guarantee Death Benefit. Form No. 2008-ILGLWB-MG. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (ii) Income Later - Guaranteed Lifetime Withdrawal Benefit Rider. Form No. 2008-ILGLWB. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. 6 (iii) Income Later - Guaranteed Lifetime Withdrawal Benefit Rider. Form No. 2009-ILGLWB. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (iv) Income Later - Guaranteed Lifetime Withdrawal Benefit Rider with Minimum Guarantee Death Benefit. Form No. 2009-ILGLWB-MG. Filed herewith. (V)(i) Income Now - Guaranteed Lifetime Withdrawal Benefit Rider. Form No. 2008-INGLWB. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (ii) Income Now - Guaranteed Lifetime Withdrawal Benefit Rider with Minimum Guarantee Death Benefit. Form No. 2008-INGLWB-MG. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (iii) Income Now - Guaranteed Lifetime Withdrawal Benefit Rider. Form No. 2009-INGLWB. Filed herewith. (iv) Income Now - Guaranteed Lifetime Withdrawal Benefit Rider with Minimum Guarantee Benefit. Form No. 2009-INGLWB-MG. Filed herewith. 5.(A)(i) Variable Annuity Application. Incorporated herein by reference to Form N-4 post-effective amendment no. 2 (File No. 333-148426) filed with the Commission on August 25, 2008. (ii) Variable Annuity Application. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (iii) Variable Annuity Application. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. 6.(A) Certificate of Existence of CUNA Mutual Insurance Society. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (B) Amended and Restated Articles of Incorporation of CUNA Mutual Insurance Society. Incorporated herein by reference to initial 7 registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (C) Amended and Restated Bylaws of CUNA Mutual Insurance Society. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. 7. Not Applicable. 8.(A)(i) Fund Participation Agreement between Ultra Series Fund, CUNA Brokerage Services, Inc. and CUNA Mutual Insurance Society dated September 22, 2008. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (ii) Rule 22c-2 Shareholder Information Agreement between Ultra Series Fund and CUNA Mutual Insurance Society dated October 16, 2006. Incorporated herein by reference to initial registration statement on Form N-4 (File No. 333-148426) filed with the Commission on January 2, 2008. (B)(i) Participation Agreement between PIMCO Variable Insurance Trust, Allianz Global Investors Distributors LLC and the CUNA Mutual Insurance Society dated May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (ii) Participation Agreement Amendment 1, between PIMCO Variable Insurance Trust, Allianz Global Investors Distributors LLC and the CUNA Mutual Insurance Society dated May 1, 2008. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (iii) Selling Agreement between Allianz Global Investors Distributors LLC and CUNA Brokerage Services, Inc., effective May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (iv) Services Agreement between Allianz Global Investors Distributors LLC and CUNA Brokerage Services, Inc., effective May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (C)(i) Participation Agreement between AIM Variable Insurance Funds, AIM 8 Distributors, Inc., CUNA Mutual Life Insurance Company and CUNA Brokerage Services, Inc., dated October 1, 2002. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (ii) Amendment No. 1 between AIM Variable Insurance Funds, AIM Distributors, Inc., CUNA Mutual Life Insurance Company and CUNA Brokerage Services, Inc., effective May 1, 2004. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (iii) Amendment No. 2 to the Participation Agreement between AIM Investments and the CUNA Mutual Insurance Society dated March 19, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (iv) Distribution Agreement between CUNA Brokerage Services, Inc., and Invesco Aim Distributors, Inc., dated April 9, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (v) Rule 22c-2 Shareholder Information Agreement between AIM Investment Services, Inc. and CUNA Mutual Insurance Society effective October 16, 2006. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (D)(i) Participation Agreement between Van Kampen Life Investment Trust, Van Kampen Asset Management, Van Kampen Funds Inc. and the CUNA Mutual Insurance Society dated May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (ii) Amendment to Participation Agreement between Van Kampen Life Investment Trust, Van Kampen Asset Management, Van Kampen Funds Inc. and the CUNA Mutual Insurance Society dated June 15, 2008. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (E)(i) Participation Agreement between Oppenheimer Variable Account Funds, OppenheimerFunds, Inc. Variable Insurance Funds, and CUNA Mutual Life Insurance Company, dated February 20, 1997. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. 9 (ii) Amendment No. 1 between Oppenheimer Variable Account Funds, OppenheimerFunds, Inc. Variable Insurance Funds, and CUNA Mutual Life Insurance Company, effective September 21, 1999. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (iii) Amendment No. 2 to the Participation Agreement Among Oppenheimer Variable Account Funds, OppenheimerFunds, Inc. and CUNA Mutual Life Insurance Company, effective October 1, 2002. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (iv) Amendment No. 3 to the Participation Agreement between Oppenheimer Variable Account Funds, OppenheimerFunds, Inc., Panorama Series Fund, Inc. and CUNA Mutual Life Insurance Company, effective July 31, 2005. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (v) Fourth Amendment to the Participation Agreement between Oppenheimer Variable Account Funds, OppenheimerFunds, Inc. and CUNA Mutual Insurance Society Company, effective December 31, 2007. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (vi) Fifth Amendment to Participation Agreement between OppenheimerFunds, Oppenheimer Variable Account Funds, Panorama Series Fund, Inc. and CUNA Mutual Insurance Society effective May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (vii) Sixth Amendment to Participation Agreement between OppenheimerFunds, Inc., Oppenheimer Variable Account Funds, Panorama Series Fund, Inc. and CUNA Mutual Insurance Society effective July 8, 2008. Incorporated herein by reference to Form N-4 post-effective amendment number 4 (File No. 333-148426) filed with the Commission on November 24, 2008. (viii) Shareholder Information Agreement between OppenheimerFunds Services, OppenheimerFunds Distributor, Inc. and CUNA Brokerage Services, Inc. effective September 25, 2006. Form N-4 post-effective 10 amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (F)(i) Amended and Restated Participation Agreement between Franklin Templeton Variable Insurance Products Trust, Franklin Templeton Distributors, Inc., CUNA Mutual Life Insurance Company and CUNA Brokerage Services, Inc., dated May 1, 2004. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (ii) Amendment to Participation Agreement between Franklin Templeton Variable Insurance Products Trust, Franklin Templeton Distributors, Inc., CUNA Mutual Life Insurance Company and CUNA Brokerage Services, Inc., dated May 3, 2004. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (iii) Amendment to Participation Agreement between Franklin Templeton Variable Insurance Products Trust, Franklin Templeton Distributors, Inc., CUNA Mutual Life Insurance Company and CUNA Brokerage Services, Inc., dated June 5, 2007. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (iv) Amendment No. 3 to Amended and Restated Participation Agreement between Franklin Templeton Variable Insurance Products Trust, Franklin Templeton Distributors, Inc., CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc., effective December 31, 2007. Incorporated by reference to post-effective amendment No. 1 on Form N-4 (File No. 333-148422) filed with the Commission on April 25, 2008. (v) Amendment No. 4 to Amended and Restated Participation Agreement between Franklin Templeton Variable Insurance Products Trust, Franklin Templeton Distributors, Inc., CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. dated May 1, 2008. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. (vi) Rule 22c-2 Shareholder Information Agreement between Franklin Templeton Distributors, Inc. and CUNA Mutual Life Insurance Company dated April 16, 2007. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. 11 (G) Administrative Services Agreement between CUNA Mutual Life Insurance Society and AIM Advisors, Inc. dated October 1, 2002. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (H)(i) Administrative Services Agreement between Franklin Templeton Services, LLC and CUNA Mutual Insurance Society dated March 31, 2008. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (ii) Amendment No. 1 to Administrative Services Agreement between Franklin Templeton Services, LLC and CUNA Mutual Insurance Society dated September 10, 2008. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (I)(i) Administrative Services Letter Agreement between Van Kampen Life Investment Trust, Van Kampen Funds, Inc., Van Kampen Asset Management and CUNA Mutual Insurance Society dated January 1, 2009. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (ii) Shareholder Services Agreement between Van Kampen Funds, Inc., and CUNA Mutual Insurance Society dated May 1, 2008. Filed herewith. (J) Services Agreement between Pacific Investment Management Company LLC ("PIMCO") and CUNA Mutual Insurance Society effective May 1, 2008. Form N-4 post-effective amendment no. 7 (File No. 333-148426) filed with the Commission on April 27, 2009. (K)(i) Services Letter Agreement between CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. dated July 10, 2008. Incorporated herein by reference to post-effective amendment number 44 to Form N-1A (File No. 002- 87775) filed with the Commission on April 17, 2009. (K)(ii) Services Letter Agreement between MEMBERS Capital Advisors, Inc. and CUNA Mutual Insurance Society dated May 1, 2009. Incorporated herein by reference to post-effective amendment number 44 to Form N-1A (File No. 002-87775) filed with the Commission on April 17, 2009. 9. Opinion and Counsel from Pamela M. Krill, Esquire. Incorporated herein by reference to post-effective amendment number 1 to Form N-4 registration statement (File No. 333-148426) filed with the Commission on April 25, 2008. 10. Not applicable. 12 11. Not applicable. 12. Not applicable. 13. Powers of Attorney. Incorporated herein by reference to Form N-4 post-effective amendment no. 4 (File No. 333-148426) filed with the Commission on November 24, 2008. A. Power Attorney (Eldon R. Arnold). B. Power Attorney (Loretta M. Burd). C. Power Attorney (William B. Eckhardt). D. Power Attorney (Joseph J. Gasper, Jr.). E. Power Attorney (Bert J. Hash, Jr.). F. Power Attorney (Robert J. Marzec). G. Power Attorney (Victoria W. Miller). H. Power Attorney (C. Alan Peppers). I. Power Attorney (Jeff Post). J. Power Attorney (Randy M. Smith). K. Power Attorney (Farouk D. G. Wang). L. Power Attorney (Larry T. Wilson). M. Power Attorney (James W. Zilinski). 13 ITEM 25. DIRECTORS AND OFFICERS OF CUNA MUTUAL INSURANCE SOCIETY
NAME AND PRINCIPAL BUSINESS ADDRESS POSITIONS AND OFFICES WITH DEPOSITOR - ----------------------------------- ------------------------------------- Eldon R. Arnold Director 5401 West Dirksen Pkwy Peoria, IL 61607 Loretta M. Burd Director 1430 National Road Columbus, IN 47201 William B. Eckhardt Director 4000 Credit Union Drive, #600 Anchorage, AK 99503 Joseph J. Gasper, Jr. Director & Vice Chairman of the Board 5525 Parkcenter Circle Dublin, OH 73017 Bert J. Hash, Jr. Director 7 East Redwood Street, 17th Floor Baltimore, MD 21202 Robert J. Marzec Director Retired Victoria W. Miller Director One CNN Center Atlanta, GA 30303 C. Alan Peppers Director & Chairman of the Board 3700 East Alameda Avenue Denver, CO 80209 Jeff Post Director 5910 Mineral Point Road Madison, WI 53705 Randy M. Smith Director 1 Randolph Brooks Parkway Live Oak, TX 78223
14 Farouk D.G. Wang Director 2525 Maile Way Honolulu, HI 96822 Larry T. Wilson Director 1000 Saint Albans Drive Raleigh, NC 27609 James W. Zilinski Director 700 South Street Pittsfield, MA 01201 EXECUTIVE OFFICERS David P. Marks* CUNA Mutual Insurance Society Executive Vice President and Chief Investment Officer Gerald Pavelich* CUNA Mutual Insurance Society Executive Vice President and Chief Finance Officer David Lundgren* CUNA Mutual Insurance Society Executive Vice President and Chief Administration and Operations Officer Jeff Post* CUNA Mutual Insurance Society President and Chief Executive Officer Robert N. Trunzo* CUNA Mutual Insurance Society Executive Vice President and Chief Operating Officer
* Principal place of business is 5910 Mineral Point Road, Madison, WI 53705. 15 ITEM 26. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE DEPOSITOR OR REGISTRANT. The registrant is a segregated asset account of CUNA Mutual Insurance Society and is therefore owned and controlled by the CUNA Mutual Insurance Society. The CUNA Mutual Insurance Society is a mutual life insurance company and therefore is controlled by its contractowners. Nonetheless, various companies and other entities are controlled by the CUNA Mutual Insurance Society and may be considered to be under common control with the registrant or the CUNA Mutual Insurance Society. Such other companies and entities, together with the identity of their controlling persons (where applicable), are set forth on the following organization charts. CUNA Mutual Insurance Society Organizational Chart As Of June 1, 2009 CUNA MUTUAL INSURANCE SOCIETY STATE OF DOMICILE: IOWA CUNA MUTUAL INSURANCE SOCIETY, EITHER DIRECTLY OR INDIRECTLY, IS THE CONTROLLING COMPANY OF THE FOLLOWING WHOLLY-OWNED SUBSIDIARIES: 1. CUNA Mutual Investment Corporation State of domicile: Wisconsin CUNA Mutual Investment Corporation is the owner of the following subsidiaries: a. CUMIS Insurance Society, Inc. State of domicile: Iowa CUMIS Insurance Society, Inc. is the owner of the following subsidiary: (1) CUMIS Specialty Insurance Company, Inc. State of domicile: Iowa b. CUNA Brokerage Services, Inc. State of domicile: Wisconsin c. CUNA Mutual General Agency of Texas, Inc. State of domicile: Texas d. MEMBERS Life Insurance Company State of domicile: Iowa e. International Commons, Inc. State of domicile: Wisconsin f. CUNA Mutual Insurance Agency, Inc. State of domicile: Wisconsin g. Stewart Associates Incorporated State of domicile: Wisconsin 16 h. CUNA Mutual Business Services, Inc. State of domicile: Wisconsin i. Lending Call Center Services, LLC State of domicile: Delaware j. MEMBERS Capital Advisors, Inc. State of domicile: Iowa MEMBERS Capital Advisors, Inc. is the investment adviser to Registrant k. CMG Co-Investment Fund GP, Inc., General Partner State of domicile: Delaware l. CMG Student Lending Services, LLC State of domicile: Delaware 2. CUNA Caribbean Insurance Society Limited Country of domicile: Trinidad and Tobago CUNA Caribbean Insurance Society Limited is the owner of the following subsidiary: a. CUNA Caribbean Insurance Services Limited Country of domicile: Trinidad and Tobago 3. CUNA Mutual Australia Holding Company Pty. Ltd. Country of domicile: Australia CUNA Mutual Australia Holding Company Pty. Ltd. is the owner of the following subsidiaries: a. CUNA Mutual Life Australia, Limited Country of domicile: Australia b. CUNA Mutual Australia, Ltd. Country of domicile: Australia CUNA Mutual Australia Ltd. is the owner of the following subsidiaries: (1) CUNA Mutual Insurance Brokers Pty Ltd. Country of domicile: Australia (2) CUNA Mutual Technology Services Australia Pty Ltd. Country of domicile: Australia (3) CUNA Mutual Underwriting [Agencies] Pty Ltd. Country of domicile: Australia 17 4. CUNA Mutual Group Holdings Europe, Ltd. Country of domicile: Ireland CUNA Mutual Group Holdings Europe, Ltd. is the owner of the following subsidiaries: a. CUNA Mutual Group Services (Ireland) Limited Country of domicile: Ireland b. CUNA Mutual Life Assurance (Europe), Limited Country of domicile: Ireland c. CUNA Mutual Insurance (Europe) Limited (was CUNA Mutual General Risk Services (Ireland) Limited) Country of domicile: Ireland d. CUNA Mutual Group, Limited Country of domicile: United Kingdom 5. CUMIS Bermuda Limited Country of domicile: Bermuda 6. 6834 Hollywood Boulevard, LLC State of domicile: Delaware 7. CMIA Wisconsin, Inc. State of domicile: Wisconsin CMIA Wisconsin, Inc. is the owner of the following subsidiary: a. League Insurance Agency, Inc. State of domicile: Connecticut League Insurance Agency, Inc. is the owner of the following subsidiary: (1) Member Protection Insurance Plans, Inc. State of domicile: Connecticut CUNA MUTUAL INSURANCE SOCIETY, EITHER DIRECTLY OR THROUGH A WHOLLY-OWNED SUBSIDIARY, HAS A PARTIAL OWNERSHIP INTEREST IN THE FOLLOWING: 1. The CUMIS Group Limited 87.4% ownership by CUNA Mutual Insurance Society Country of domicile: Canada The CUMIS Group Limited is the owner of the following subsidiaries: a. CUMIS Life Insurance Company Country of domicile: Canada 18 b. CUMIS General Insurance Company Country of domicile: Canada The CUMIS Group Limited is the 50% owner of the following companies: a. Credential Financial, Inc. Country of domicile: Canada b. CUIS Brokerage Services Limited Country of domicile: Canada (1) WESTCU Insurance Services Limited Country of domicile: Canada (2) North Shore Insurance Services Ltd. Country of domicile: Canada (3) Integris Insurance Services Ltd. Country of domicile: British Columbia (4) Interior Savings Insurance Services, Inc. Country of domicile: Canada (5) Valley First Insurance Services Ltd. Country of domicile: Canada (6) Coastal Community Insurance Agencies Ltd. Country of domicile: British Columbia 2. Lenders Protection, LLC 50% ownership by CUNA Mutual Insurance Society State of domicile: Delaware 3. MEMBERS Development Company, LLC 49% ownership by CUNA Mutual Investment Corporation State of domicile: Wisconsin MEMBERS Development Company, LLC, either directly or through a wholly-owned subsidiary, has a partial ownership interest in the following: a. Brightleaf Financial Network, LLC State of domicile: Wisconsin b. Procura, LLC State of domicile: California 19 4. MEMBERS Trust Company 16.4% ownership by CUNA Mutual Insurance Society State of domicile: Florida 5. CMG Mortgage Insurance Company 50% ownership by CUNA Mutual Investment Corporation State of domicile: Wisconsin 6. CMG Mortgage Assurance Company 50% ownership by CUNA Mutual Investment Corporation State of domicile: Wisconsin 7. CMG Mortgage Reinsurance Company 50% ownership by CUNA Mutual Investment Corporation State of domicile: Wisconsin 8. Credit Union Service Corporation 2.26% ownership by CUNA Mutual Investment Corporation State of domicile: Georgia 9. CUNA Strategic Services, Inc. 0.13% ownership by CUNA Mutual Insurance Society State of domicile: Wisconsin 10. Producers Ag Insurance Group, Inc. 22% ownership by CUNA Mutual Investment Corporation State of domicile: Delaware 11. Credit Union Acceptance Company, LLC 9.56% ownership by CUNA Mutual Insurance Society State of domicile: Texas 12. CM CUSO Limited Partnership General partner: CUMIS Insurance Society, Inc. State of domicile: Washington 13. CMG Servicious de Mexico, S. de R. L. de C.V. Country of domicile: Mexico 14. CU Village.com, Inc. 1.08% ownership by CUNA Mutual Investment Corporation State of domicile: Michigan 15. CU Direct Corporation State of domicile: Nevada 20 16. Iowa Business Growth Company State of domicile: Iowa 17. HRN Management Group, Incorporated State of domicile: Michigan 21 ITEM 27. NUMBER OF CONTRACTOWNERS As of February 28, 2009 there were 2,428 non-qualified contracts outstanding and 4,850 qualified contracts outstanding. ITEM 28. INDEMNIFICATION. Section 10 of the Amended and Restated Bylaws of CUNA Mutual Insurance Society and Article XI of CUNA Mutual Insurance Society Amended and Restated Articles of Incorporation together provide for indemnification of officers or directors of CUNA Mutual Insurance Society against claims and liabilities the officers or directors become subject to by reason of having served as officer or director of CUNA Mutual Insurance Society or any subsidiary or affiliate company. Such indemnification covers liability for all actions alleged to have been taken, omitted, or neglected by such person in the line of duty as director or officer, except liability arising out of the officers' or directors' willful misconduct. Insofar as indemnification for liability arising under the Securities Act of 1933 (the "1933 Act") may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue. 22 ITEM 29. PRINCIPAL UNDERWRITER (a) CUNA Brokerage Services, Inc. is the principal underwriter for the Registrant as well as for the CUNA Mutual Variable Life Insurance Account, MEMBERS Mutual Funds and Ultra Series Fund. (b) Officers and Directors of CUNA Brokerage Services, Inc.
NAME AND PRINCIPAL POSITIONS AND OFFICE WITH UNDERWRITER BUSINESS ADDRESS Kevin R. Cummer** Secretary & Treasurer Steve H. Dowden* President and Director Timothy Halevan** Vice President, Chief Compliance Officer Pamela M. Krill* Vice President, Managing Associate General Counsel Tracy K. Lien* Assistant Secretary James H. Metz* Director and Chairman Mark T. Warshauer* Director
* The principal business address of these persons is: 5910 Mineral Point Road, Madison, Wisconsin 53705. ** The principal business address of these persons is: 2000 Heritage Way, Waverly, Iowa 50677. 23 (c) CUNA Brokerage Services, Inc. is the only principal underwriter. The Distribution Agreement between CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. and the Related Servicing Agreement between the CUNA Mutual Insurance Society and CUNA Brokerage Services, Inc. specify the services provided by each party. Those contracts will have been filed as exhibits under Item 24(b)(3) on or before the date of effectiveness of the registration statement covering the contracts described herein. The CUNA Mutual Insurance Society intends to pay a dealer concession of approximately 7.25 percent, as will be more fully described in Schedule A of the Servicing Agreement.
- --------------------------------------------------------------------------------------------------- (1) (2) (3) (4) (5) Name of Principal Net Compensation Brokerage Compensation Underwriter Underwriting on Redemption Commissions Discounts and Commissions - --------------------------------------------------------------------------------------------------- CUNA Brokerage $12,417,763* 0 $11,051,809* $1,365,954* Services, Inc. - ---------------------------------------------------------------------------------------------------
* Information as of December 31, 2008. 24 ITEM 30. LOCATION BOOKS AND RECORDS All of the accounts, books, records or other documents required to be kept by Section 31(a) of the Investment Company Act of 1940 and rules thereunder, are maintained by the CUNA Mutual Insurance Society at 2000 Heritage Way, Waverly, Iowa 50677 or at MEMBERS Capital Advisors, Inc. or CUNA Mutual Insurance Society, both at 5910 Mineral Point Road, Madison, Wisconsin 53705. ITEM 31. MANAGEMENT SERVICES All management contracts are discussed in Part A or Part B of this registration statement. ITEM 32. UNDERTAKINGS AND REPRESENTATIONS (a) The Registrant undertakes that it will file a post-effective amendment to this registration statement as frequently as is necessary to ensure that the audited financial statements in the registration statement are never more than 16 months old for as long as purchase payments under the Contracts offered herein are being accepted. (b) The Registrant undertakes that it will include either (1) as part of any application to purchase a Contract offered by the Prospectus, a space that an applicant can check to request a statement of additional information, or (2) a postcard or similar written communication affixed to or included in the Prospectus that the applicant can remove and send to CUNA Mutual Insurance Society for a statement of additional information. (c) The Registrant undertakes to deliver any statement of additional information and any financial statements required to be made available under this Form N-4 promptly upon written or oral request to CUNA Mutual Insurance Society at the address or phone number listed in the Prospectus. (d) CUNA Mutual Insurance Society represents that in connection with its offering of the Contracts as funding vehicles for retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code of 1986, it is relying on a no-action letter dated November 28, 1988, to the American Council of Life Insurance (Ref. No. IP-6-88) regarding Sections 22(e), 27(c)(1), and 27(d) of the Investment Company Act of 1940, and that paragraphs numbered (1) through (4) of that letter will be complied with. (e) CUNA Mutual Insurance Society represents that the fees and charges deducted under the Contracts, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by CUNA Mutual Insurance Society. 25 SIGNATURES As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant has caused this Registration Statement to be signed in its behalf by the undersigned, duly authorized, in the City of Madison, and State of Wisconsin as of 3 day of June, 2009. CUNA MUTUAL VARIABLE ANNUITY ACCOUNT (REGISTRANT) By: /s/Jeff Post ------------------------------------------------- Jeff Post President and Chief Executive Officer CUNA MUTUAL INSURANCE SOCIETY (DEPOSITOR) By: /s/Jeff Post ------------------------------------------------- Jeff Post President and Chief Executive Officer As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and as of the dates indicated. SIGNATURE AND TITLE DATE By: /s/Andrew Michie June 3, 2009 ---------------------------------------- Andrew Michie VP - Corporate Controller By: /s/Gerald Pavelich June 3, 2009 ---------------------------------------- Gerald Pavelich Chief Financial Officer By: /s/Jeff Post June 3, 2009 ---------------------------------------- Jeff Post Director, President and Chief Executive Officer 26 By: * June 3, 2009 ---------------------------------------- Eldon R. Arnold Director By: * June 3, 2009 ---------------------------------------- Loretta M. Burd Director By: * June 3, 2009 ---------------------------------------- William B. Eckhardt Director By: * June 3, 2009 ---------------------------------------- Joseph J. Gasper Director and Vice Chairman of the Board By: * June 3, 2009 ---------------------------------------- Bert J. Hash, Jr. Director By: * June 3, 2009 ---------------------------------------- Robert J. Marzec Director By: * June 3, 2009 ---------------------------------------- Victoria W. Miller Director By: * June 3, 2009 ---------------------------------------- C. Alan Peppers Director and Chairman of the Board By: * June 3, 2009 ---------------------------------------- Randy M. Smith Director 27 By: * June 3, 2009 ---------------------------------------- Farouk D. G. Wang Director By: * June 3, 2009 ---------------------------------------- Larry T. Wilson Director By: * June 3, 2009 ---------------------------------------- James W. Zilinski Director * Signed pursuant to Power of Attorney dated August 12, 2008, filed electronically with the Registration Statement on November 24, 2008. By: /s/Kerry A. Jung ------------------------------------------- Kerry A. Jung Lead Attorney 28 [CUNA Mutual Insurance Society Letterhead] June 3, 2009 VIA ELECTRONIC FILING Division of Investment Management Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: CUNA Mutual Variable Annuity Account ("Registrant") File Nos. 333-148426 and 811-08260 To Whom It May Concern: On behalf of CUNA Mutual Insurance Society and CUNA Mutual Variable Annuity Account ("Account"), we are transmitting for filing Post-Effective Amendment No. 8 ("Amendment") to the Account's Registration on Form N-4 for certain variable annuity contracts. The Amendment is being filed pursuant to Rule 485(a) under the Securities Act of 1933, as amended, to correct the guaranteed annual lifetime withdrawal table for joint annuitants who choose the Income Later option of the Income Protector rider. Pursuant to Rule 461 under the Securities Act of 1933, as amended, CUNA Mutual Life Insurance Company, on its own behalf and on behalf of the Registrant, and CUNA Brokerage Services, Inc., the principal underwriter, hereby request that the Amendment be accelerated and declared effective on July 1, 2009, or as soon thereafter as is reasonably practicable. In connection with the submission of this request for accelerated effectiveness, we hereby acknowledge that: o should the Securities and Exchange Commission ("Commission") or the staff, acting pursuant to delegate authority, declare the Amendment effective, it does not foreclose the Commission from taking any action with respect to the Amendment; o the action of the Commission or the staff, acting pursuant to delegate authority, in declaring the Amendment effective, does not relieve the Registrant from this full responsibility for the adequacy and accuracy of the disclosure in the Amendment; and o the Registrant may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. Please contact me at (608) 231-7495 with any questions or comments regarding the Amendment. Sincerely, /s/ Kerry A. Jung Kerry A. Jung Lead Attorney AFFIRMED: CUNA Brokerage Services, Inc. /s/ Pamela M. Krill - -------------------------------- Pamela M. Krill, Vice President & Managing Associate General Counsel Attachment -----END PRIVACY-ENHANCED MESSAGE-----